[ebxml-cppa] IPR statement possible tweak

[James Bryce Clark <jbc@lawyer.com>]

I support the substance of Dale's drafts.  The wording may be a bit dense, so I have taken a stab at a style revision, below.  JBC

CLEAN REVISED VERSION

OASIS intellectual property policies permit the use of IP against which known claims have been made, so long as the claims are disclosed.  See http://www.oasis-open.org/who/intellectualproperty.shtml.)

The OASIS ebXML CPPA TC has taken no stance on the validity of claims found in http://www.oasis-open.org/committees/ebxml-cppa/ibm_ipr_statement.shtml, which it received after version 1.0 was approved and during the deliberation process for version 2.0.  OASIS has indicated that the IBM IPR statement conforms to its IPR policy.
The OASIS ebXML CPPA TC cannot ascertain whether
it is possible to revise its specification in such a way that these claims, including one whose scope is unknown, could be avoided. 
    Further, no such standard can be immunized against the risk that third parties, known or unknown, will assert IP claims before, during or after its development.  In this case, after discussions resulting from the disclosure, the claimant has modified its rights statement to provided a royalty free open source license for implementers, which should make the specification more accessible to its intended users.

MARKED TO SHOW CHANGES FROM [reply to LMI]

<new>
    OASIS intellectual property policies permit 
    the use of IP against which known claims have 
    been made, so long as the claims are disclosed. 
    (See http://www.oasis-
    open.org/who/intellectualproperty.shtml.)
</new>
The OASIS ebXML CPPA TC has taken no stance on the validity of claims found in http://www.oasis-open.org/committees/ebxml-cppa/ibm_ipr_statement.shtml
<new>
    , which it received after version 1.0 was 
    approved and during the deliberation process for 
    version 2.0
</new>
OASIS has 
    <delete>not</delete> 
indicated that the IBM IPR statement 
    <delete>does not conform with any specific 
    provision of</delete>
<new>
    conforms to
</new>
its IPR policy 
    <delete>found at http://www.oasis-
    open.org/who/intellectualproperty.shtml. OASIS 
    has not indicated to the OASIS ebXML TC that its 
    specification conflicts with any provision of the 
    OASIS IPR policy mentioned above </delete>.
The OASIS ebXML CPPA TC 
    <delete>does not believe</delete>
<new>
    cannot ascertain whether
</new>
it is possible to revise its specification in such a way that these claims, including one whose scope is unknown, 
    <delete>and any as yet undisclosed future patent 
    claims affecting implementation of the 
    specification,</delete> 
could be avoided. 
<new>
    Further, no such standard can be immunized 
    against the risk that third parties, known or 
    unknown, will assert IP claims before, during or 
    after its development.  In this case, after 
    discussions resulting from the disclosure, the 
    claimant has modified its rights statement to 
    provided a royalty free open source license for 
    implementers, which should make the specification 
    more accessible to its intended users.
</new>
    <delete>The OASIS ebXML CPPA TC does not see that 
    it is within its power or charter to directly 
    alter the IPR situation to which you object. 
</delete>
-- 
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